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Report: Cancer-Stricken Ex-Firefighter Trying to Get Comp

  • State: California
  • Topic: WEST
  • - Popular with: Legal
  • -  0 shares

A retired firefighter in Northern California is fighting to receive workers’ compensation benefits for cancer he believes he contracted as a result of his job, according to a Fox affiliate in Sacramento.

The City of Sacramento has denied Don Ban’s workers’ compensation claim seeking benefits for cancer, according to Fox 40. Ban, 69, appears to be upset that the city is looking into the possibility that he contracted cancer outside of the job, and not as a result of spending 30 years working as a firefighter.

While California law presumes that cancer is a compensable condition for firefighters, the presumption applies only until 10 years after termination of service. Employers are also allowed the opportunity to attempt to rebut the presumption by showing that other factors, such as the use of tobacco, could have caused the disease.

Ban’s case is being litigated. He told the television station that an attorney during a deposition “started digging into stuff that you ... do every day of the week as causes.”

The television station reports that the city last year initially denied five of six cancer claims filed by firefighters. The city reversed its position on two of those cases.

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Alan Snitzer Aug 2, 2018 a 9:08 am PDT

As someone who specializes in representing injured police and fire clients, let me offer a technical correction: Labor Code Sec. 3212.1(d), the cancer presumption statute referred to in your article, provides that the presumption may be extended for UP TO 10 years, if the officer or firefighter completes 40 years or more of service. The statutory formula is for 3 months additional time on the presumption, for each year worked, not to exceed 120 months (10 years). So, at 30 years of service, at 3 months per year, this gentleman would have the benefit of the presumption for 90 months, or 7-1/2 years (not the full 10 years) after his last day of work. Of course, assuming he's past the 7-1/2 years (based on his age), he could still pursue the claim under LC 5412, but he would not have the benefit of the presumption, and would have to prove causation the old fashioned way.
Alan B. Snitzer, Pasadena, CA

Randy Bugg Aug 2, 2018 a 3:08 pm PDT

Well said! In my humble opinion, I believe the claimant will prevail.

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